Implementasi Dalam Praktek Pendaftaran Jaminan Fidusia Secara Elektronik (Studi pada Notaris di Medan)

Abstract

Notaries play a crucial role in the registration of fiduciary guarantees. The Directorate General of General Legal Administration (AHU) introduced an electronic fiduciary registration system as an innovative breakthrough.However, this system is not without challenges. Various parties have encountered obstacles such as system disruptions, difficulties, accessing the platform, and incomplete data availability in AHU electronic system. This study addresses three main issues: the legal responsibility for data and entry errors in the electronic fiduciary registration system, the role of notaries in electronic fiduciary registration, and the validity of fiduciary guarantee deeds when registration cannot be completed due to server downtime. This research employs normative juridical method with a descriptive analytical approach. Secondary data sources include primary, secondary, and tertiary legal materials. Data collection was conducted through library research, and data analysis was performed using a qualitative approach. The findings indicate that notaries are only responsible for correcting data entry errors in electronic fiduciary registration. However, if fiduciary registration cannot be completed due to surfer downtime, the fiduciary guarantee deed does not bind the parties or third parties. The study concludes that a notary’s responsibility for data entry errors in the electronic fiduciary registration. System is limited to correcting the errors, whether before or after the payment of non-tax state revenue (PNBP). Responsibility does not extend to administrative, C, or criminal liability. A notary’s role includes drafting fiduciary guarantee deeds as akta partij (deeds meant before a notary) and registering fiduciary guarantees with the Fiduciary Registration Office. Registration cannot be completed due to surfer downtime, the fiduciary guarantee deed becomes legally non-binding, resulting in legal uncertainty and a lack of legal protection for interested parties.